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Uniform Civil Code: Government’s request to withdraw assurance on Uniform Civil Code accepted, know what is the whole matter

New Delhi: A committee of Parliament has accepted the government’s request to withdraw the ‘assurance’ given in December 2016 regarding the implementation of the ‘uniform civil code’. The government had said that the respective reply given by the minister was clear and no ‘assurance’ was given to the House. This has been said in the report tabled in Parliament on behalf of the committee headed by BJP MP Rajendra Agrawal on government assurances. The Committee had considered the request for withdrawal of the ‘Assurance’ given in reply to an unstarred question dated December 7, 2016 regarding the implementation of the ‘Uniform Civil Code’.

The Committee of Assurances (2021-22) in its meeting held on 18 April 2022 considered the requests of various Ministries/Departments to drop 38 pending ‘Assurances’ and decided to drop 31 of these ‘Assurances’. It also includes the subject related to the implementation of ‘uniform civil code’. It is worth mentioning that while answering questions in the House or during discussion on bills or resolutions etc., the minister gives an assurance or promise to give information after considering the matter. As per the rules, an assurance is required to be implemented by the concerned ministry within three months. If the Ministry finds difficulty in implementing the assurance for any reason, it has to request the Government to drop the assurance before the Committee on Assurances.

According to the report, on December 7, 2016, Dr. Ratna De Nag, CN Jayadevan, Manoj Tiwari, Advocate Joyce George, R Parthipan and P Panneerselvam had asked the Minister of Law and Justice through Unstarred Question No. 3582. These members had asked whether the government is considering any proposal to implement Uniform Civil Code in the country and if so, give the details and whether any expert committee has been appointed in this regard.

In a written reply to the question, the then Minister of State for Law and Justice PP Choudhary had said that Article 44 of the Constitution provides for Directive Principles of Policy, which states that the government shall be equal to the citizens of all the territories of India. Will try to bring civil code. The Minister had said that keeping in view the importance and sensitivity of the subject matter, the Government has asked the Law Commission of India to review the various issues of ‘Unified Civil Code’ after in-depth study of the provisions of laws relating to different communities and make its recommendations on them. requested to do.

According to the report, the committee had considered the answer to the question as ‘assurance’ and as per rules, the Ministry of Law and Justice (Legislative Department) was to fulfill this assurance within three months from the date of reply, but this assurance is yet to be given. could not be completed. The Ministry of Law and Justice, on 23 May 2017 and 2 December 2020, while requesting removal of the relevant reply from the category of ‘Assurance’, had said, “From a general reading of the above reply, it is clear that no assurance was given by the Minister.” . The answer was clear without giving assurance to the House.’

The ministry had also said, “Moreover, a close reading of the portion considered by the Lok Sabha Secretariat as ‘Assurance’ also reveals that the reply given by the Minister was clear and no assurance was given to the House.” was.’ The report said that the above request was rejected by the committee in its meeting held on 12 April 2021. The committee submitted its 51st report on October 4, 2021 and found that the Ministry of Law and Justice and the Law Commission need to examine various issues related to the ‘uniform civil code’ and make recommendations accordingly.

However, the Legislative Department of the Ministry concerned, vide Form dated 18 October 2021, stated that from a general reading of the above reply, it is clear that no ‘assurance’ was given by the Minister and the reply was very clear. In such a situation, the Ministry again requested for removal of the reply from the category of ‘Assurance’ with the approval of the Minister of Law and Justice and the matter was once again placed before the Committee on April, 2022 for consideration.

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